The Works of Samuel Johnson, LL.D. in Eleven Volumes, Volume 06: Reviews, Political Tracts, and Lives of Eminent PersonsJohnson, Samuel
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The Works of Samuel Johnson, LL.D. in Eleven Volumes, Volume 06: Reviews, Political Tracts, and Lives of Eminent Persons
Johnson, Samuel
English essays -- 18th century
Another objection is, that the commons, by pronouncing the sentence of
disqualification, make a law, and take upon themselves the power of the
whole legislature. Many quotations are then produced to prove, that the
house of commons can make no laws.
Three acts have been cited, disabling members, for different terms, on
different occasions; and it is profoundly remarked, that if the commons
could, by their own privilege, have made a disqualification, their
jealousy of their privileges would never have admitted the concurrent
sanction of the other powers.
I must for ever remind these puny controvertists, that those acts are
laws of permanent obligation; that two of them are now in force, and
that the other expired only when it had fulfilled its end. Such laws the
commons cannot make; they could, perhaps, have determined for
themselves, that they would expel all who should not take the test, but
they could leave no authority behind them, that should oblige the next
parliament to expel them. They could refuse the South sea directors, but
they could not entail the refusal. They can disqualify by vote, but not
by law; they cannot know that the sentence of disqualification
pronounced to-day may not become void to-morrow, by the dissolution of
their own house. Yet, while the same parliament sits, the
disqualification continues, unless the vote be rescinded; and, while it
so continues, makes the votes, which freeholders may give to the
interdicted candidate, useless and dead, since there cannot exist, with
respect to the same subject, at the same time, an absolute power to
choose and an absolute power to reject.
In 1614, the attorney general was voted incapable of a seat in the house
of commons; and the nation is triumphantly told, that, though the vote
never was revoked, the attorney general is now a member. He, certainly,
may now be a member, without revocation of the vote. A law is of
perpetual obligation; but a vote is nothing, when the voters are gone. A
law is a compact reciprocally made by the legislative powers, and,
therefore, not to be abrogated but by all the parties. A vote is simply
a resolution, which binds only him that is willing to be bound.
I have thus punctiliously and minutely pursued this disquisition,
because I suspect, that these reasoners, whose business is to deceive
others, have sometimes deceived themselves, and I am willing to free
them from their embarrassment, though I do not expect much gratitude for
my kindness.
Other objections are yet remaining, for of political objections there
cannot easily be an end. It has been observed, that vice is no proper
cause of expulsion; for if the worst man in the house were always to be
expelled, in time none would be left; but no man is expelled for being
worst, he is expelled for being enormously bad; his conduct is compared,
not with that of others, but with the rule of action.
Public-domain text, read in full here on John Shaqi.
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